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(영문) 대전지방법원 천안지원 2016.12.13 2016고단2022
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On May 13, 2016, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) driven a motor vehicle in front of the street 159-7 at Asan-si, in the state of under the influence of alcohol at 0.142% of the blood alcohol farming-related 0.142%, and driven a motor vehicle at the speed of about 60-70 km from the westnam-ri, the speed of which is about 50-70 km from the eastnam-ri Sea to the eastnam-ri Sea.

There are places where traffic signals, etc. are installed, and at the time, it is new time, so in such a case, there was a duty of care to ensure that a person engaged in driving service has a duty of care to care in accordance with good faith and care.

Nevertheless, under the influence of alcohol, the Defendant neglected this and received from the left-hand side the front part of the F Spart car driven by the victim E(the age of 45) who was straighted by green signal from the left-hand side of the red signal by the negligence attributable to the red signal in violation of the signal.

As a result, the Defendant driven the above low-priced vehicle in a situation where normal driving is difficult due to influence of drinking, and suffered damage to the number of trees in need of medical treatment for about 14 weeks.

2. The Defendant violated the Road Traffic Act: (a) drive a vehicle under the influence of alcohol with a blood alcohol content of about 0.142% at a section of about 5km, from the front of the entrance of the Posium located in the Posium located in the sisium located in the Asisium; (b) a vehicle under the influence of alcohol with a blood alcohol content of about 0.142% at a section of about 159-7.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Statement of the police statement of E;

1. A traffic accident report;

1. Requests for appraisal;

1. Application of Acts and subordinate statutes of a medical certificate;

1. The punishment provided for in Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act and the choice of imprisonment with prison labor for each crime;

1. The former part of Article 37 of the Criminal Code among concurrent crimes.

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